CIVIL AVIATION ACT 1988 - SECT 30DE Application for and making of order
CIVIL AVIATION ACT 1988 - SECT 30DE
Application for and making of order(1) If CASA suspends a civil aviation authorisation under section 30DC, CASA may, before the end of the fifth business day after the day on which the holder of the authorisation was notified of the suspension, apply to the Federal Court for an order under this section.
(2) If the Federal Court is satisfied that there are reasonable grounds to believe that the holder has engaged in, is engaging in, or is likely to engage in, conduct that contravenes section 30DB, the Court must make an order that prohibits the holder from doing anything that is authorised by the authorisation but that, without the authorisation, would be unlawful.
(3) In deciding under subsection ( 2), the Federal Court must have regard to section 3A and subsection 9A(1).
(4) Subject to section 30DF, an order continues in force
for the period determined by the Federal Court when making the order, being
the period (not more than 40 days) that the Court considers reasonable to
allow CASA to complete an investigation into the circumstances that gave rise
to CASA's decision to suspend the authorisation.